HomeMy WebLinkAboutBinder3PLAT, BILL OF ASSURANCE
AND PROTECTIVE COVENANTS
eoox 674 PAGE 5
WHEaWAS, Standard Securities Company, a corporation organized
under the laws of the State of Arkansas and hereinafter called
"Allotter'l, is the owner of the following described property in
Pulaski County, Arkansas, to -wit:.
WZ SW4 S% f Section 36, Township 2 North,
Range 13 West, containing 20 acres, more
or less; subject to easement for roadway
over the North 30 feet thereof; less that
portion thereof conveyed to Plaza Heights,
Inc., as hereafter referred to;
and Plaza Heights, Inc., a corporation organized under the laws of the
State of Arkansas, herein called "Re -platter", is the owner of the
following described property in Pulaski County, Arkansas, to -wit:
All that part of Lot 73, Plaza Heights Addition
to the City of Little Rock, Arkansas, except that
portion thereof conveyed to Standard Securities
Company as shown by deed recorded in Deed Record
Book 673 , Page 571 , of the records of
Pula s i oun y, and is i� owner of the lands
conveyed to it by Standard Securities Company as
shown by deed recorded in Deed Record Book 673 ,
Page 569 , of the records of Pulaski Couu
and joins with "Allotter" herein for the purpose of re -platting the
said Lot 73. Hereafter only the Bill of Assurance of Plaza Heights
Addition shall govern and control the re -plat of Lot 73 of Plaza
Heights Addition and only this Bill of Assurance shall govern and
control Lots 38 and 39 and the remaining portion of Hall Plaza
Addition; except that the dedication of the street known as Hall
Drive across what was formerly part of Lot 73 of Plaza Heights
Addition and Lots 38 and 39 of Hall Plaza Addition shall be subject
to all existing sewer lines and power lines now in place, and to
reasonable rights of ingress and egress to service and maintain
said lines; shall be subject to the provisions of the instrument
recorded in Deed Record Book 490, Page 377, Pulaski County, Arkansas,
and shall also be subject to all utility or other easement rights
heretofore granted or reserved over, in or with respect to old Lot'
73 of Plaza Heights Addition, and any other easements of record;
eoox 674 PAGE 6
Plat, Bill of Assurance
and Protective Covenants
Page 2
And it is deemed desirable that the above described property
be now subdivided and re -platted into building lots and streets as
shown on the attached plat and that said propertybe held, owned
and conveyed subject to the protective covenants herein contained
in order to enhance the value of said property;
NOW, THEREFORE, "Allotter" and "Re -platter", for and in
consideration of the benefits to accrue to them, which benefits are
he acknowledged to be of value, have caused to be made a plat,
attached hereto, showing survey made �� r� day of August,
1958, signed by Raymond H. Russell, Registered Engineer, and by said
"Allotter" and "Re -platter", showing the bounds and dimensions of the
property now being subdivided into lots and re -platted, and its
description by lots and streets, the said "Allotter" and "Re -platter"
hereby -donate and dedicate to the public forever an easement of way
on and over said streets as shown by said plat, to be used as public
streets. In addition to the streets, there are shown on said plat
certain easements which shall be forever held for the purpose of
affording access by public utilities to the lots in the subdivision
for the purpose of servicing them, and said easements shall not be
occupied by buildings or other permanent improvements.
The filing of this Bill of Assurance and Plat for record in the
office of the Circuit Clerk and Ex-Officio Recorder of Pulaski
County shall be a valid and complete delivery and dedication of the
streets and easements, subject to the limitations herein set out.
The lands embraced in said Plat shall forever be known as
"HAT.L PLAZA, a subdivision of WZ SW-4' S4, Section 36, Township 2
North, Range 13 West, Pulaski County, Arkansas, and a Re -plat of
Lot 73, Plaza Heights Addition to the City of Little Rock" and any
and every deed of conveyance for any lot in said subdivision describ-
ing the same by the number or numbers shown on said plat shall always
be deemed a sufficient description thereof. The owners of the separate
lots in HALL PLAZA shall own to the center line of all streets upon
which said lots touch, subject to the public easement.
Plat, Bill of Assurance
and Protective Covenants Page 3 nox 674 PAGE 7
Said land herein platted and any interest therein shall be held,
owned and conveyed subject to, and in conformity with, the follow-
ing covenants which, subject.to being amended or cancelled as
hereinafter provided, shall be and remain in full force and effect
until January 1, 2003, to -wit;
1, LAND USE AND BUILDING TYPE, Said land herein platted
'shall be held, owned and used only as residential building sites.
No structure shall be erected, altered, placed or permitted to
remain on any building site other than one detached single-family
dwelling not to exceed one and one-half stories in height, a private
garage for not more than three cars, a swimming pool and other
outbuildings incidental and related to residential use of the
premises.
2. ARCHITECTURAL CONTROL. No building shall be erected,
placed or altered on any property in this subdivision until the
building plans, specifications, exterior color scheme, and plot plan
showing the location of such building with respect to existing
topography and finished ground elevations have been approved in
writing by the Allotter, its successors or assigns; provided, that
Allotter shall have the right, by an instrument in writing, to
create an Architectural Control Committee to be composed of not
less than three property owners in this subdivision, and to transfer
to such Committee the full authority herein reserved to Allotter.
In the event Allotter, or any Architectural Control Committee
hereinafter established, fails to approve or disapprove any plans,
specifications, exterior color scheme, or plot plan submitted to
it, as herein required, within 30 days after such submission, the
covenant shall be deemed to have been fully met by the person sub-
mitting such plans for approval, Nothing herein contained, nor the
required consent of the Allotter or any Architectural Control Com-
mittee, shall in any way be deemed to prevent any of the owners of
property in this subdivision from maintaining any legal action re-
lating to improvements within this subdivision which they would
.SON 674 EaGE 8
Plat, Bill of Assurance
and Protective Covenants
Page 4
otherwise be entitled to maintain. There shall be no compensation
to Allotter, or any Architectural Control Committee hereafter estab-
lished, for the services to be performed pursuant to this provision.
3. NINIMUM PRINCIPAL DWELLING SIZE. No principal residential
structure shall be constructed or permitted to remain upon any
building site in this subdivision the square foot area of which,
exclusive of eave overhang of such principal residential structure,
shall be less than a minimum of 180Q square feet; except that the
square foot.area of such structures on Lots 22, 262 46, 47, 48, 49
50 and 51 shall not be less than a minimum of 2000 square feet.
The minimum square foot roof area requirements set out above shall
be computed in a horizontal plane to the outside top plate line of
the principal residential structure.
4. BUILDING LOCATION. No building shall be located on any
building site nedrer to the front lot line or nearer to the side
street line than the minimum building setback lines shown on the
recorded plat. No building shall be located nearer than 10% of the
width of the lot to an interior lot line on lots where the side lines
are parallel or nearer than eight feet to an interior lot line where
the side lines are not parallel, except that a detached garage or
other permitted accessory building located 35 feet or more from the
minimum building setback line, may be placed not nearer than five feet
from the side or rear lot line. No principal dwelling shall be
located on any interior lot nearer than 25 feet to the rear lot line.
For the purpose of this covenant, eaves, steps, and open porches
shall not be considered as a part of a building. No building shall
be constructed on that part of Lot 58 outside the building lines
shown thereon.
5. EASEMENTS. Easements for installation and maintenance of
utilities and drainage facilities are reserved as shown on the plat.
6. NUISANCES. No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the neighborhood.
Plat Bill of Assurance
and protective covenants
Page 5 BODK 674 PAGE 9
7. TEHPORARY STRUCTURES. No trailer, basement, tent, shack,
garage, barn, or other outbuilding erected on a building site covered
by these covenants shall at any time be used for human habitation,
temporarily or permanently, nor shall any structure of a temporary
character be used for human habitation.
8. SIGNS. No sign of any kind shall be displayed to the public
view on any building site except one name plate of not more than one
square foot, one sign of not more than five square feet advertising
the property during the construction and sales period.
9. On AND HINING OPERATIONS. No oil, drilling, oil development
operations, oil refining, quarrying or mining operations of any kind,
shall be permitted upon or in any building site, nor shall oil wells,
tanks, tunnels, mineral excavations or shafts be permitted upon or
in any building site. No derrick or other structure designed for use
in boring for oil or natural gas shall be erected, maintained or
permitted upon any building site.
10. LIVESTOCK AND POULTRY. No animals, livestock, or poultry
of any kind shall be raised or kept on any building site, except
that dogs, cats, or other household pets may be kept, provided that they
are not kept or maintained for any commercial purpose.
11. SEWAGE DISPOSAL. No individual sewage -disposal system
shall be permitted on any lot.
12. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge
or shrub planting which obstructs sight lines at elevations between
2 and 6 feet above the roadways shall be placed or permitted to
remain on any corner lot within the triangular area formed by the
street property lines and a line connecting them at points 25 feet from
the intersection of the street lines, or in the case of a rounded
property corner from the intersection of the street property lines
extended. The same sight line limitations shall apply on any lot
within 10 feet from the intersection of a street property line with
the edge of a driveway or alley pavement. No tree shall be permitted
to remain within such distances of such intersections unless the
foliage line is maintained at sufficient height to prevent obstruction
of such sight line.
13. FENCES. No fence, wall, hedge, or mass planting shall be
permitted to extend beyond the minimum building setback line estab-
Sou 674PAGE 10
Plat, Bill of Assurance
and Protective Covenants
Page 6
lished herein, except upon approval by the Allotter or the Architectural
Control Committee. No fence, wall, or other structure shall be erected
along property lines without prior approval of design, construction
and materials by the Allotter or Architectural Control Committee.
14, AMENDMENTS, Any and all of the covenants, provisions or
restrictions set forth in this Bill of Assurance may be amended,
modified, extended, changed, or cancelled, in whole or in part, by
a written instrument signed and acknowledged by the owner or owners
of over fifty percent in area of the land in this subdivision, and
the provisions of such instrument so executed shall be binding from
and after the date it is duly filed for record in Pulaski County,
Arkansas. These covenants, restrictions, and provisions of this
instrument shall be deemed covenants running with the land, and
shall remain in full force and effect unless and until amended or
cancelled as authorized hereinbefore.
15. SEPARABILITY. Invalidation of any restriction set forth
herein, or any part thereof, by an order, judgment, or decree of any
court, or otherwise, shall not invalidate or affect any of the other
restrictions, or any part thereof, as set forth herein, but they shall
remain in full force and effect.
IN WITNESS WHEREOF the name of the Allotter is hereunto affixed
by its President and its seal affixed by its Secretary -and the name of
the Re -platter is hereunto affixed by its President and its seal affixed
by its Secretary only to join in this Bill of Assurance for the
purpose aforesaid, this the day of August, 1958.
STANDARD SECURITIES COMPANY,
An Arkansas -Corporation
BY
Presiden
4 ,A L : It BY
PLAZA HEIGHTS, INC.,
An Arka Corpora on
BY Z
A ' .c•�'..0 ' es en
BY
ecre a y
Plat, Bill of Assurance
and Protective Covenants
Page 7 BDDK 674 PAGE-• 11
STATE OF ARKANSAS. )
COUNTY OF PULASKI ) ACKNOWLEDGMENT
On this /? day of August, 1958, before me
4,4', f_t" , a Notary Public, duly —
commissi 1ne ,—qua�lYZ43g, witT
"a and acfinnand for the said County
and State, appeared in person the within named Robert G. Walker and
Rex J. Thompson to me personally well-known, who stated that they
were the President and Secretary of Standard Securities Company a
corporation and were duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and behalf
.of said corporation, and further stated and acknowledged that they
had so signed, executed and delivered said foregoing instrument for
the consideration, uses and purposes therein mentioned and set forth.
IN TEST WHEREOF,I have hereunto set
deal thi " my hand and official
$•. _. ✓3xi� day of August, 1958.
Nf`lbmmxssion Expires:
•,•�••FQyCommisslan 60110s•MyiOlst, 1962
STATE -OF ARKANSAS )
ACKNOWLEDGMENT
COUNTY OF PULASKI )
04 his day of August, 1958, before me
a Notary Public, duly
cu ssion , qua i ie and aciing, wthin and for the said County
and State, appeared in person the within named R. E. Block and
Sam A. Block to me personally well known, who.stated that they
were the President and Secretary of ;Plaza Heighta;:Inc., a
corporation and were duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and behalf
of said corporation, and further stated and acknowledged that they
had so signed, executed and delivered said foregoing instrument for
the consideration, uses and purposes therein mentioned and set forth.
IN TESTDf0NY W 9OF, I have hereunto set my hand and official
Beall• this ki wl day of Au ust, 1958.
o',r•;.` iyeaCgyi#ssion Expires;
FOR PLAT SEE PLAT BOOK 6, PAGE 43
Ne•6 7y1511ed for Rec d 195,Y_ at .Le6 olcloek,0_d,
8lld recorded 1�% 195�•
(SEAL) ROGER MCNAIR CLERK